Full Text of HB2546 96th General Assembly
HB2546 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2546
Introduced 2/20/2009, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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20 ILCS 805/805-540 |
was 20 ILCS 805/63b2.6 |
720 ILCS 125/0.01 |
from Ch. 61, par. 300 |
720 ILCS 125/1 |
from Ch. 61, par. 301 |
720 ILCS 125/2 |
from Ch. 61, par. 302 |
720 ILCS 125/4 |
from Ch. 61, par. 304 |
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Amends the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois and the Hunter Interference Prohibition Act. Changes the name of the Hunter Interference Prohibition Act to the Hunter and Fishermen Interference Prohibition Act. Clarifies that the renamed Act applies to the taking of aquatic life as well as wildlife.
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A BILL FOR
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HB2546 |
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LRB096 09839 RLC 20002 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Natural Resources | 5 |
| (Conservation) Law of the
Civil Administrative Code of Illinois | 6 |
| is amended by changing Section 805-540 as follows:
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| (20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
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| Sec. 805-540. Enforcement of adjoining state's laws. The
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| Director may
grant authority to the officers of any adjoining | 10 |
| state who are authorized and
directed to enforce the laws of | 11 |
| that state relating to the protection of flora
and fauna to | 12 |
| take any of the following actions and have the following powers
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| within the State of Illinois:
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| (1) To follow, seize, and return to the adjoining state | 15 |
| any flora or
fauna or part thereof shipped or taken from | 16 |
| the adjoining state in
violation of the laws of that state | 17 |
| and brought into this State.
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| (2) To dispose of any such flora or fauna or part | 19 |
| thereof under the
supervision of an Illinois Conservation | 20 |
| Police Officer.
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| (3) To enforce as an agent of this State, with the same | 22 |
| powers as an
Illinois Conservation Police Officer, each of | 23 |
| the following laws of this
State:
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HB2546 |
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LRB096 09839 RLC 20002 b |
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| (i) The Illinois Endangered Species Protection | 2 |
| Act.
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| (ii) The Fish and Aquatic Life Code.
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| (iii) The Wildlife Code.
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| (iv) The Wildlife Habitat Management Areas Act.
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| (v) The Hunter and Fishermen Interference | 7 |
| Prohibition Act.
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| (vi) The Illinois Non-Game Wildlife Protection | 9 |
| Act.
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| (vii) The Ginseng Harvesting Act.
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| (viii) The State Forest Act.
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| (ix) The Forest Products Transportation Act.
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| (x) The Timber Buyers Licensing Act.
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| Any officer of an adjoining state acting under a power or | 15 |
| authority granted
by the Director pursuant to this
Section | 16 |
| shall act without compensation or other benefits from this | 17 |
| State and
without this State having any liability for the acts | 18 |
| or omissions of that
officer.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 10. The Hunter Interference Prohibition Act is | 21 |
| amended by changing Sections 0.01, 1, 2, and 4 as follows:
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| (720 ILCS 125/0.01) (from Ch. 61, par. 300)
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| Sec. 0.01. Short title. This Act may be cited as the
Hunter | 24 |
| and Fishermen Interference Prohibition Act.
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LRB096 09839 RLC 20002 b |
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| (Source: P.A. 86-1324.)
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| (720 ILCS 125/1) (from Ch. 61, par. 301)
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| Sec. 1. Definitions. As used in this Act:
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| "Interfere with" means to take any action that physically | 5 |
| impedes, hinders,
or obstructs the lawful taking of wildlife or | 6 |
| aquatic life a wild animal .
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| "Wildlife" "Wild animal" means any wildlife wild creature | 8 |
| the taking of which is
authorized
by the Wildlife Code Fish and | 9 |
| Aquatic Life Code or the wildlife, fish, and game laws
of this | 10 |
| State and includes those species that are lawfully
released by | 11 |
| properly licensed permittees of the Department of Natural
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| Resources.
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| "Aquatic life" means all fish, reptiles, amphibians, | 14 |
| crayfish, and mussels the taking of which is
authorized
by the | 15 |
| Fish and Aquatic Life Code. | 16 |
| "Taking" means the capture or killing of wildlife or | 17 |
| aquatic life a wild animal and
includes
travel, camping, and | 18 |
| other acts preparatory to taking which occur on lands
or waters | 19 |
| upon which the affected person has the right or privilege to | 20 |
| take
such wildlife or aquatic life wild animal .
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| (Source: P.A. 90-555, eff. 12-12-97.)
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| (720 ILCS 125/2) (from Ch. 61, par. 302)
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| Sec. 2.
Any person who performs any of the following is | 24 |
| guilty of a
Class B misdemeanor:
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| (a) Wilfully obstructs or interferes with the lawful taking | 2 |
| of
wildlife or aquatic life wild animals by another person with | 3 |
| the specific
intent to prevent that lawful taking.
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| (b) (Blank).
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| (c) (Blank).
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| (d) (Blank).
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| A person violates this Section when he or she intentionally | 8 |
| or knowingly
engages in any of the following acts:
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| (1) Drives or disturbs wildlife or aquatic life wild | 10 |
| animals for the purpose of disrupting a lawful
taking of | 11 |
| wildlife or aquatic life wild animals .
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| (2) Blocks, impedes, or physically harasses another | 13 |
| person who is engaged
in the process of lawfully taking | 14 |
| wildlife or aquatic life a wild animal .
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| (3) Uses natural or artificial visual, aural, | 16 |
| olfactory, gustatory, or
physical stimuli to affect | 17 |
| wildlife or aquatic life animal behavior in order to hinder | 18 |
| or prevent the
lawful taking of wildlife or aquatic life a | 19 |
| wild animal .
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| (4) Erects barriers with the intent to deny ingress or | 21 |
| egress to or from
areas where the lawful taking of wildlife | 22 |
| or aquatic life wild animals may occur.
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| (5) Intentionally interjects himself or herself into | 24 |
| the line of fire or fishing lines of a
person lawfully | 25 |
| taking wildlife or aquatic life wild animals .
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| (6) Affects the physical condition or placement of |
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| personal or public
property intended for use in the lawful | 2 |
| taking of wildlife or aquatic life a wild animal in order | 3 |
| to
impair the usefulness of the property or prevent the use | 4 |
| of the property.
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| (7) Enters or remains upon or over private lands | 6 |
| without the permission of
the
owner or the owner's agent, | 7 |
| with the intent to violate this Section.
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| This Section does not apply to actions performed by | 9 |
| authorized employees of
the Department of Natural Resources, | 10 |
| duly accredited officers of the U.S. Fish
and Wildlife Service, | 11 |
| sheriffs, deputy sheriffs, or other peace officers if the
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| actions are authorized by law and are necessary for the | 13 |
| performance of their
official duties.
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| This Section does not apply to landowners, tenants, or | 15 |
| lease holders
exercising their legal rights to the enjoyment of | 16 |
| land, including, but not
limited to, farming and restricting | 17 |
| trespass.
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| It is an affirmative defense to a prosecution for a | 19 |
| violation of this
Section that the defendant's conduct is | 20 |
| protected by his or her right to
freedom of speech under the | 21 |
| constitution of this State or the United States.
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| Any interested parties may engage in protests or other free | 23 |
| speech activities
adjacent to or on the perimeter of the | 24 |
| location where the lawful taking of wildlife or aquatic life | 25 |
| wild
animals is taking place, provided that none of the | 26 |
| provisions of this Section
are being violated.
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LRB096 09839 RLC 20002 b |
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| (Source: P.A. 90-555, eff. 12-12-97.)
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| (720 ILCS 125/4) (from Ch. 61, par. 304)
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| Sec. 4.
(a) Any court may enjoin conduct which would be in | 4 |
| violation
of Section 2 of this Act upon petition by a person | 5 |
| affected or who reasonably
may be affected by such conduct, | 6 |
| upon a showing that such conduct is threatened
or that it has | 7 |
| occurred on a particular premises in the past and that it
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| not unreasonable to expect that under similar circumstances it | 9 |
| will be
repeated.
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| (b) A court shall award all resulting costs and damages to | 11 |
| any person
adversely affected by a violation of Section 2, | 12 |
| which may include an award for
punitive damages. In addition to | 13 |
| other items of special damage, the measure of
damages may | 14 |
| include expenditures of the affected person for license and | 15 |
| permit
fees, travel, guides, special equipment and supplies, to | 16 |
| the extent that such
expenditures were rendered futile by | 17 |
| prevention of the taking of wildlife or aquatic life a wild | 18 |
| animal .
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| (c) A court shall revoke, for a period of one year to 5 | 20 |
| years, any Illinois
hunting, fishing, or trapping privilege, | 21 |
| license or permit of any person
convicted of violating any | 22 |
| provision of this Act.
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| (Source: P.A. 88-397.)
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